@DadJoke
Are you seriously asking why the EHRC produce guidance? I mean, if you can't figure that out, you're a few eggs short of a dozen. They are doing their job.
My reference to the boys and girls at the EHRC not being able to play outside didn't suggest to you that I might be being sarcastic?
It makes zero difference to the fact that statutory guidance trumps non-statutory guidance. As to why the non-statutory guidance is so flawed, I have no idea.
I have already made clear that non-statutory guidance can be completely ignored if it is in conflict with the statutory Code of Practice. It is your opinion, along with that of RMW and Katie Glendinning that the guidance is flawed. Others disagree.
Which of these arguments are you unable to follow? That where the statutory COP and the non-statutory one conflict you follow the statutory one? That the statutory one has weight in law and the other doesn't?
I clearly agree with your first sentence. The second one is wrong. Otherwise TRAs wouldn't be running around screaming their heads off over the non-statutory guidance for schools.
To become statutory, the code has to be put before parliament. It then has to pass both houses. That's not going to happen with this non-statutory guidance.
It isn't a code. It is guidance. HTH
https://www.legislation.gov.uk/ukpga/2006/3/section/14
Yes, we all know the process for a statutory code of practice. Why is it relevant?